Not exact matches
Any
adviser that makes a recommendation based
on technical analysis will have a hard time making a straight - faced argument to clients (or a court) that they fulfilled their fiduciary
duties.
This paper seeks to highlight how these two standards differ in terms of the legal requirements and
duties imposed
on advisers and brokers.
Ex-Officer Is First in C.I.A. to Face Prison for a Leak It was a
duty to leak and embarrass Bush, but you'll go away if you leak
on Obama Net job gain under Obama: 28,000 The economy is getting better, yeah right Obama's inaugural committee
on the receiving end of transparency complaints A little late Gov. Deval Patrick: Rep. Barney Frank would make a «great interim senator» for Massachusetts Top Deval
adviser no fan of Barney Frank's Senate bid Even in Massachusetts there are some that believe enough is enough That's hypocritic - Al We all know Al Gore likes all things green.
He took
on additional teaching and administrative
duties, serving as senior
adviser, and later collegiate master, for teaching biological sciences to undergraduate students.
[A] ll communications between a solicitor and his client relating to a transaction in which the solicitor has been instructed for the purpose of obtaining legal advice will be privileged, notwithstanding that they do not contain advice
on matters of law or construction, provided that they are directly related to the performance by the solicitor of his professional
duty as legal
adviser of his client.
While accepting that whether the material came from external experts is plainly relevant, Richards LJ refused to accept any general principle either that disclosure of advice obtained from an outside
adviser is required (see R v Secretary of State for Health, ex parte United States Tobacco International [1992] 1 QB 353), or that there is no
duty to disclose and invite comment
on internal advice (see Bushell v Secretary of State for the Environment [1981] AC 75 and R v Secretary of State for Education, ex parte S [1995] ELR 71).
The law imposes «fiduciary»
duties on people occupying positions of trust, including directors, partners, agents, brokers, legal and financial
advisers, and many others.
The contract negotiations and advisory work for such clients quite often relate to provisions around contractual obligations and the
duties of investment managers,
advisers, sponsors, service providers or distributors of investment products or investment arrangements, and
on appropriate information and risk disclosures to investors.
In its decision in the 2009 HudBay proceedings, the Ontario Securities Commission noted that an
adviser's success - based compensation may adversely affect the ability of a board to rely
on financial advice: «a fairness opinion prepared by a financial
adviser who is being paid a signing fee or a success fee does not assist directors comprising a special committee of independent directors in demonstrating the due care they have taken in complying with their fiduciary
duties in approving a transaction.»
Federal action was required to explicitly enforce what reasonable people would think is obvious: Financial
advisers should give advice based
on what's in your best interest, or what the industry calls a fiduciary
duty.